Dixcy's Executors v. Laning
Supreme Court of Pennsylvania
Certificate from the Supreme Court at Nisi Prius. This was an action of covenant, by John Thomas and Thomas T. B. Dixcy, executors and trustees under the last will and testament of Thomas Dixcy, deceased, who was assignee of Edward H. Bonsall and Jeremiah Bonsall, administrators of the estate of Henry F. Leib, deceased, vrho was assignee of Oliver Parry and Rachel his wife, and Nathaniel Randolph and Eliza his wife, against Charles Laning and George Sill, with notice to John…
Read the full summary
Certificate from the Supreme Court at Nisi Prius. This was an action of covenant, by John Thomas and Thomas T. B. Dixcy, executors and trustees under the last will and testament of Thomas Dixcy, deceased, who was assignee of Edward H. Bonsall and Jeremiah Bonsall, administrators of the estate of Henry F. Leib, deceased, vrho was assignee of Oliver Parry and Rachel his wife, and Nathaniel Randolph and Eliza his wife, against Charles Laning and George Sill, with notice to John Thompson, terre-tenant of the premises charged with the ground-rent. The ground-rent deed on which suit was brought was…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
This was an action of covenant to recover arrears of ground-rent, and as judgment was rendered for the plaintiffs for want of a sufficient affidavit of defence, the question to be decided is, whether the affidavit that was put in on behalf *146of the defendants by John Thompson, the terre-tenant, disclosed good grounds of defence as against the plaintiffs’ action.
On the 25th of July 1856, Thompson bought a house and lot which was subject to a yearly ground-rent of $240, that belonged to the estate of Henry F. Leib, deceased. Under an order…
2Cases cited2 opinions
- Iddings v. CairnsSupreme Court of Pennsylvania · 1853
- Snyder v. MarkelSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- City of New Castle v. Whaley's HeirsSuperior Court of Pennsylvania · 1931
- State College Borough v. Leathers, Pennsylvania Court of Common Pleas, Centre County1933